A judge on Wednesday approved three bail bonds companies to begin working in Kanawha County.
Kanawha Circuit Chief Judge James Stucky filed the orders granting the applications of 1A Bail Bonds Inc., 1st Action Enterprises Inc., and Amy Hass, despite objections from at least one judge and the county's Public Defender's Office.
Stucky had not ruled as of late Wednesday on the application filed by "We Spring Bail Bonds." He has until late Thursday to make a decision. On Friday, Kanawha Circuit Judge Tod Kaufman will take over as chief judge.
Stucky signed an administrative order in October allowing bondsmen back in Kanawha County. Individual bondsmen must apply and get approval from the chief judge before they begin working. The process requires that the company attend a hearing before the chief judge.
During at least one hearing last month for a bonds company, which Kaufman attended, he didn't voice any objections to the process - unlike his colleague. Kanawha Circuit Judge Duke Bloom is adamantly against allowing professional bail bondsmen back in Kanawha.
Kaufman said Wednesday afternoon that he didn't feel comfortable stating his position on the issue because of a pending petition filed by the Public Defender's Office.
The petition, filed earlier this month by Chief Public Defender Diana Panucci and former chief George Castelle, who now works as senior counsel for the office, argues that Stucky never submitted the order to West Virginia Supreme Court justices for approval, which makes it null and void.
"It's clearly going to be a pending or impending case that's going to come up," Kaufman said. "I can't really say the procedural posture it's going to come up in. I've received a copy of the filing the public defender made, and I don't know how that has been or will be handled."
State Trial Court Rules also require that, in a circuit with multiple judges, a majority of judges sign off on administrative orders, the petition states. The order entered in October bears only Stucky's signature and makes no mention of how many judges opposed the order. Bloom is the only one of seven Kanawha circuit judges to speak out against the order.
Kaufman said there was no vote taken on the issue, which was discussed in a private meeting between the county's judges.
"It was just a discussion, and I can't comment on what other judges said," Kaufman said. "Judge Stucky took the issue under advisement himself, in his capacity as chief judge."
Bloom and Panucci have said they worry about the tactics bondsmen use to apprehend defendants and said their services would prove costly for defendants.
In Kanawha County, a defendant usually is given the option of posting 10 percent of their bail amount to get out of jail. That money is then returned to them if they show up for court. However, if they use the services of a bail bondsman, they don't get that money back.
Kanawha circuit judges barred professional bail bondsmen in 1998, after questions were raised about some of the bondsmen's lack of property value to secure some bonds.
The 1998 administrative order would have allowed bondsmen to operate in Kanawha County, but only if they formed a partnership, rather than being competitors. Bondsmen haven't worked in Kanawha since then.
Reach Kate White at kate.white@wvgazettemail.com, 304-348-1723 or follow @KateLWhite on Twitter.